What Is a No-Fault Divorce in DuPage County?

 Posted on July 17, 2020 in Illinois Family Law

When you are considering divorce in Oakbrook Terrace, you may be wondering whether you should bring up issues that pertain to your spouse’s fault. In other words, if your spouse engaged in behaviors that led to the destruction of the marriage—such as adultery, family violence, or even behavior that runs counter to your cultural values—you may be pondering whether it will make sense to raise these issues when you file for divorce or respond to a divorce complaint. Some spouses assume that bringing to light matters of “fault” can be beneficial when it comes to spousal maintenance or child custody. While a history of family violence certainly can play a role in the court’s determination of how parental responsibilities should be allocated, you should know that Illinois is firmly a “no-fault” divorce state.

Accordingly, even if your spouse engaged in actions or behavior that are counter to Islamic law, or that are in clear violation of your family’s moral principles, these matters of “fault” typically will not be relevant in a secular divorce proceeding under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). We will provide you with more information about “no-fault” divorce in Illinois, but we want to emphasize that one of our experienced Oakbrook Terrace divorce lawyers can speak with you today if you have additional questions or need representation in your divorce case.

Shift from Fault-Based to No-Fault System for Divorce

Illinois did not always operate on a “no-fault” system for divorce. In recent years, Illinois law was amended to remove fault-based grounds for divorce. When legislators decided to make these changes, they recognized that fault-based divorce systems were largely based on unequal presumptions about marriage, and they reasoned that a “no-fault” system would be fairer to all parties involved. As such, nobody seeking a divorce in Illinois must or should supply fault-based grounds for divorce in seeking a dissolution of marriage.

Irreconcilable Differences in an Illinois No-Fault Divorce

Rather than alleging grounds for divorce, anyone who is seeking a divorce in Illinois simply needs to assert that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” How can you prove the requirement of “irreconcilable differences” if you cannot list fault-based grounds for divorce? It is actually relatively easy. Once spouses have lived separate and apart for six months or longer, there is an “irrebuttable presumption” that the parties have fulfilled the “irreconcilable differences” requirement.

If you want to know more, a divorce lawyer at Farooqi & Husain Law Office can help with your case.

Contact a DuPage County Divorce Attorney at Our Firm

Do you have questions or concerns about filing for a “no-fault” divorce in Illinois or responding to a divorce complaint under the IMDMA? One of the experienced DuPage County divorce lawyers at our firm can begin working with you on your case today. We are committed to providing experienced and individualized representation to members of the Muslim community in and around DuPage County. Contact Farooqi & Husain Law Office today online or call us at 630-909-9114 to learn more about how we can assist you.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59